In New Mexico, restraining orders of protection serve as crucial lifelines for individuals facing harassment, domestic violence, or stalking. Often, the terms “order of protection” and “restraining order” are used interchangeably. Nevertheless, both refer to a protective order that prevents an abuser from contacting or coming near a victim.
Do you want to understand how to petition for an restraining order in New Mexico? Alternatively, are you curious about the rights and protections that a protective order grants? If so, Sanchez Legal Team’s top restraining order attorneys in Albuquerque can help you better understand protective orders in New Mexico.
UNDERSTANDING RESTRAINING ORDERS OF PROTECTION IN NEW MEXICO
Restraining orders, commonly called orders of protection, are legal orders that prevent an abuser from contacting or coming near victims. In New Mexico, protective orders protect victims of domestic violence, harassment, stalking, or other forms of abuse. Violating a restraining order carries severe consequences including arrest, incarceration, and potential fines.
In some situations, protective orders can be lifesaving. In most situations, an order of protection provides a sense of security and a legal mechanism to deter abusers. At times, the process of obtaining an restraining order of protection can seem daunting. However, understanding its purpose and the steps involved helps victims to confidently move forward.
Restraining orders typically include requirements that restrict the abuser’s behavior. These requirements can involve maintaining a certain distance from the victim, often 100 yards. Also, protective orders often prevent the abuser from contacting the victim. In New Mexico, a restraining order prevents the abuser from possessing or purchasing a firearm while the order is effective.
In short, an restraining order of protection in New Mexico protects victims from continued abuse or harassment. As a result, victims can live with a greater since of wellbeing and security.
TYPES OF RESTRAINING ORDERS IN NEW MEXICO
New Mexico recognizes several types of restraining orders of protection, each designed to address specific situations and needs. The most common types include temporary restraining orders (TRO’s), and “permanent” restraining orders.
Temporary restraining orders (TROs), can be issued without a hearing being held. In New Mexico, TROs are routinely granted when the Petition provides enough evidence to show that abuse likely occurred. A TRO offers immediate protection until a full court hearing can be scheduled.
Under New Mexico law, a hearing must be held within 10 days. Nevertheless, this “10-day hearing” can be extended for “good cause shown.”
“Permanent” restraining orders are granted after a full court hearing where both the victim and the abuser can present their case. A “permanent” order of protection typically lasts for one year.
Are children involved? If so, then the order of protection can cover custody and time-sharing for six months.
Check out this video to better understand how restraining orders can impact custody and timesharing in New Mexico.
WHO CAN APPLY FOR A RESTRAINING ORDER OF PROTECTION?
Are you curious if you can apply for a order of protection in Albuquerque, New Mexico? In New Mexico, you must be considered a “household member” to request an order of protection. The definition of “household member” is broad and includes:
- Spouse or former spouse
- Parent
- Present or former parent-in-law
- Grandparent or grandparent-in-law
- Child, stepchild, grandchild, or co-parent of a child; or
- A person with whom the victim has had a continuing personal relationship.
Under New Mexico law, “continuing personal relationship” means a dating or intimate relationship. See NMSA 40-13-2.
Next, the person requesting the order of protection must demonstrate that they have been subjected to an act of abuse. An act of abuse can include physical harm, severe emotional distress, threats, harassment, criminal damage to property, or stalking.
In New Mexico, when stalking is involved, the victim can request an order of protection even if they are not considered a household member.
Next, the petition must include evidence to support the claims of abuse. Here, the court can consider evidence such as police reports, witness statements, texts, recordings, pictures, and any other relevant documentation.
The burden of proof lies with the victim. In New Mexico the burden of proof lies with the victim. The victim must prove their case by a “preponderance of evidence.” This means that the victim must provide evidence that shows that is more likely than not that the abuse occurred.
Regarding the burden of proof, the hearing officer or judge ultimately decides what is “more likely than not.” In other words, the judge or hearing officer has immense power to decide if an order of protection is entered.
REQUESTING AND FILING FOR A RESTRAINING ORDER IN NEW MEXICO
Filing for a restraining order of protection in New Mexico involves several steps. The process begins by filing a petition for an order of protection in the county where the abuse occurred. In Albuquerque, victims can request an order of protection through the Second Judicial District Court in Bernalillo. In Rio Rancho, victims can file with Thirteenth Judicial District Court in Sandoval County.
The petition for an order of protection includes detailed information about the abuse. The petition also includes the relationship with the abuser, and the specific protection being sought. It is important for the victim to provide as much detail as possible, including dates, times, and descriptions of incidents, to support their case. Failing to provide claims in the petition could result in the judge not considering the claims at the hearing.
Once the forms are completed, the next step is to file the petition with the court. This usually involves submitting the paperwork to the clerk of the court. Next, the assigned judge reviews the petition to see if there are reasonable grounds, or enough evidence, to support a TRO being entered. At that point, a TRO is entered and a hearing set.
Moving forward, the TRO and Notice of Hearing must be served on the alleged abuser. If the documents are not properly served before the hearing, then the hearing will be continued.
The final step involves attending the court hearing. At this hearing, the victim and the alleged abuser can present their testimony and evidence.
When children are involved, the order can also control custody and time-sharing for six months.
FIGHTING A FALSE RESTRAINING ORDERS OF PROTECTION IN NEW MEXICO
Without question, restraining orders of protection in New Mexico can provide victims with invaluable safety and protection. Nevertheless, the protective order process can also provide alleged victims with the ability to abuse the system.
At times, alleged victims file false restraining orders of protection in New Mexico. These false restraining orders may be filed to intimidate an ex-spouse or partner. In other situations, the bogus restraining order may be filed to try and get an advantage in a divorce or child custody case.
So, it’s essential to understand how to fight back against false restraining orders in New Mexico.
Top New Mexico restraining order attorney explains how to fight against fake restraining orders. Check out this video to better understand how you can fight back against a false restraining orders of protection in Albuquerque, New Mexico.
COMMON MISCONCEPTIONS ABOUT PROTECTIVE ORDERS IN NEW MEXICO
There are several common misconceptions about restraining orders of protection. These misconceptions can create confusion and uncertainty for victims seeking legal protection.
One common misconception is that restraining orders are only for physical abuse. However, restraining orders can be issued for various forms of abuse, including emotional, psychological, and financial abuse. The court considers the overall pattern of behavior and the impact on the victim’s safety and well-being, not just physical harm. Victims of stalking, harassment, and other non-physical forms of abuse can also seek orders of protection.
Another misconception is that restraining orders are difficult to obtain. While the process can be complex, victims do not need to have extensive legal knowledge or representation to obtain an order. Visit the district courthouse in your county for more information. For example, residents of Los Lunas or Belen, New Mexico should visit the Thirteenth Judicial District Court in Valencia County.
Also, some individuals believe that restraining orders of protection are ineffective because abusers may still violate them. While it is true that an order of protection cannot physically prevent an abuser from violating it, the legal consequences for violations can be significant. Law enforcement agencies take violations seriously and can arrest and charge abusers who disregard the order. Additionally, the existence of an order of protection can serve as a deterrent for many abusers, reducing the likelihood of further harm.
Finally, in New Mexico, orders of protection prevent abusers from purchasing or possessing a gun while the order is effective. This added protection provides victims with an added layer of safety and security.
NAVIGATING THE LEGAL LANDSCAPE OF RESTRAINING ORDERS OF PROTECTION IN NEW MEXICO
Navigating the legal landscape of restraining orders of protection in New Mexico can be a complex and challenging process. However, understanding the process, procedures, and protections empowers victims to act confidently.
Orders of protection serve as crucial safeguard for individuals facing abuse.
Are you a victim of abuse that wants to fight back against your stalker, harasser, or abuser? Alternatively, are you the victim of false claims of abuse by a vindictive ex-partner or spouse?
In either scenario, you need to talk with New Mexico’s best restraining order of protection lawyer.
Call (505) SANCHEZ and talk with New Mexico’s top order of protection attorney. Our team routinely handles protective order cases in Albuquerque, Rio Rancho, Los Lunas, and Belen, New Mexico.
We thrive with protective orders involving uncontested divorce, contested divorce, and kinship guardianship cases.
Our top Albuquerque family lawyers have handled the most brutal and complicated restraining order cases across New Mexico.
Call (505) SANCHEZ now.
